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  1. #1
    Join Date
    May 2007
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    12

    Default Automatic Renewal of Apartment Lease in Tennessee

    My lease expired almost 2 years ago (Nov. 2005). Since then, I have been living in the same apartment but have not signed any lease renewals.

    Based on the following paragraph, it is unclear to me whether the "term" for the automatic lease renewal is the same as the initial lease term (i.e., 12 months) or whether it is some other term length.

    "HOLDOVER, AUTOMATIC RENEWAL AND NOTICE. Resident agrees to give the Owner thirty (30) days' written notice prior to the termination of the initial lease term stating that the Resident desires to renew this lease. In the event that a timely notice is not given by Resident within the period prescribed and Resident shall remain to continue to be in possession of the leased premises or any part thereof after the end of the lease term or any extension thereof, Owner may at its option: (a) treat such holding over as a renewal by Resident of all provisions of the lease except as to term and rental, which term shall be for a period equivalent to the immediately preceding lease term and which rental shall be at the then prevailing rental charges of Owner for substantially the same type of apartment. In the event Owner elects to treat such holding over as a renewal, each and all of the other covenants and conditioins of this lease shall be and remain in full force and effect; or (b) Owner may refuse to renew the lease. ..."

    The part that says "treat such holding over as a renewal by Resident of all provisions of the lease except as to term and rental" is unclear to me. It sounds like the lease would renew automatically but not necessarily at the same term that was initially agreed to (i.e., 12 months).

    Am I reading it incorrectly? I'd like to get out of the lease this summer instead of having to wait until November of this year if the automatic lease renewal term continues to be 12 months if the Owner or Resident does not give 30 days written notice prior to the end of the renewed lease term.

  2. #2
    Join Date
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    Default Re: Automatic Renewal of Apartment Lease in Tennessee

    As I read it, if the landlord chooses, the lease would renew for 12 months.

  3. #3
    Join Date
    May 2007
    Posts
    12

    Default Re: Automatic Renewal of Apartment Lease in Tennessee

    Thank you for your reply.

    Does the landlord have to indicate what term he chooses, whether it be the same as the initial term (i.e., 12 months) or some other number of months, in writing? Or is it assumed, from the paragraph I quoted, that he can say whatever it is at any point in time?

    Is there any way that you can see how I might be able to get out of the lease without paying for any remaining month's rent (or a percentage of the rent owed for the remaining months)?

    Thanks again.

  4. #4
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    Default Re: Automatic Renewal of Apartment Lease in Tennessee

    If the landlord wishes to terminate the lease, the landlord would be wise to inform the tenant that he is exercising that option. The language doesn't mandate that the landlord say, "I'm opting to renew the lease", and that seems to follow from the landlord's choosing not to terminate the lease.

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